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2018 Georgia Code 16-11-34 | Car Wreck Lawyer

TITLE 16 CRIMES AND OFFENSES

Section 11. Offenses Against Public Order and Safety, 16-11-1 through 16-11-224.

ARTICLE 2 OFFENSES AGAINST PUBLIC ORDER

16-11-34. Preventing or disrupting lawful meetings, gatherings, or processions.

  1. A person who recklessly or knowingly commits any act which may reasonably be expected to prevent or disrupt a lawful meeting, gathering, or procession is guilty of a misdemeanor.
  2. This Code section shall not be construed to affect the powers delegated to counties or to municipal corporations to pass laws to punish disorderly conduct within their respective limits.

(Code 1933, § 26-2605, enacted by Ga. L. 1968, p. 1249, § 1.)

Cross references.

- Open and public meetings, § 50-14-1 et seq.

Law reviews.

- For annual survey of criminal law, see 58 Mercer L. Rev. 83 (2006). For survey article on local government law, see 59 Mercer L. Rev. 285 (2007).

JUDICIAL DECISIONS

Provisions of Ga. L. 1968, p. 1249, § 1 (see now O.C.G.A. § 16-11-34) were satisfied where defendants were at center of larger group, singing and shouting emanated from center of group, and noise caused students in classes to come to windows which necessarily disrupted normal activity of the school. Washington v. State, 126 Ga. App. 180, 190 S.E.2d 138 (1972).

Constitutionality.

- O.C.G.A. § 16-11-34(a) was overbroad and was unconstitutional; the literal language of the statute was so overbroad in its scope that it led to an absurdity manifestly not intended by the legislature, and its constitutionality could not have been preserved by judicial construction. State v. Fielden, 280 Ga. 444, 629 S.E.2d 252 (2006).

Statute as basis for probable cause to arrest.

- Fourth Amendment to the U.S. Constitution was not violated by the arrest of citizens who attended a city council meeting to express views on renaming a public park but refused to obey the rules of order because probable cause to arrest existed, even though O.C.G.A. § 16-11-34, which criminalized the disruption of a public meeting, was later struck down as unconstitutionally overbroad. Harris v. City of Valdosta, 616 F. Supp. 2d 1310 (M.D. Ga. 2009).

Cited in Evans v. City of Tifton, 138 Ga. App. 374, 226 S.E.2d 471 (1976); Porter v. State, 141 Ga. App. 602, 234 S.E.2d 100 (1977); Davis v. State, 147 Ga. App. 107, 248 S.E.2d 181 (1978); Harper v. State, 249 Ga. 519, 292 S.E.2d 389 (1982); In re D.H., 283 Ga. 556, 663 S.E.2d 139 (2008).

RESEARCH REFERENCES

Am. Jur. 2d.

- 24 Am. Jur. 2d, Disturbing Meetings, § 3 et seq.

ALR.

- Conduct amounting to offense of disturbing public or religious meeting, 12 A.L.R. 650.

Criminal offense of bribery as affected by lack of legal qualification of person assuming or alleged to be an officer, 115 A.L.R. 1263.

Participation of student in demonstration on or near campus as warranting imposition of criminal liability for breach of peace, disorderly conduct, trespass, unlawful assembly, or similar offense, 32 A.L.R.3d 551.

Cases Citing Georgia Code 16-11-34 From Courtlistener.com

Total Results: 8

WILLIAMS, CONGRESSWOMAN v. POWELL

Court: Supreme Court of Georgia | Date Filed: 2024-10-31

Snippet: being arrested and charged with violating OCGA § 16-11- 34.1, which criminalizes conduct that is likely

In the Matter of W. McCall Calhoun, Jr

Court: Supreme Court of Georgia | Date Filed: 2023-11-07

Snippet: if it had been committed in Georgia—see OCGA § 16-11-34.1, titled “Disruption of the Senate or House

Freeman v. State

Court: Supreme Court of Georgia | Date Filed: 2017-10-02

Citation: 302 Ga. 181, 805 S.E.2d 845

Snippet: conduct pursuant to a different statute, OCGA § 16-11-34 (a), which states that “[a] person who recklessly

Rodriguez v. State

Court: Supreme Court of Georgia | Date Filed: 2009-01-12

Citation: 671 S.E.2d 497, 284 Ga. 803, 2009 Fulton County D. Rep. 158, 2009 Ga. LEXIS 14

Snippet: S.E.2d 252 ("Curing the overbreadth in OCGA § 16-11-34(a) would be less a matter of reasonable judicial

In re D. H.

Court: Supreme Court of Georgia | Date Filed: 2008-06-02

Citation: 283 Ga. 556, 663 S.E.2d 139

Snippet: (2006). Fielden, 280 Ga. at 444, quoting OCGA§ 16-11-34 (a). Fielden, 280 Ga. at 444-445. See Fielden

In Re DH

Court: Supreme Court of Georgia | Date Filed: 2008-06-02

Citation: 663 S.E.2d 139

Snippet: 280 Ga. at 444, 629 S.E.2d 252, quoting OCGA § 16-11-34(a). [3] Fielden, 280 Ga. at 444-445, 629 S.E

State v. Fielden

Court: Supreme Court of Georgia | Date Filed: 2006-04-25

Citation: 629 S.E.2d 252, 280 Ga. 444

Snippet: thereafter arrested and charged with violating OCGA § 16-11-34 (a), which provides: Aperson who recklessly or

State v. Miller

Court: Supreme Court of Georgia | Date Filed: 1990-12-05

Citation: 398 S.E.2d 547, 260 Ga. 669

Snippet: Inciting to riot; 16-11-33, Unlawful assembly; 16-11-34, Preventing or disrupting lawful meetings, gatherings